General Terms and Conditions of Reservation of Get your Group (GYG) valid from: 05.2021
1 Scope of application
These General Terms and Conditions of Reservation apply exclusively to entrepreneurs, legal entities under public law and special funds under public law. The following terms and conditions apply to deliveries and services to GYG. Conflicting or deviating general terms and conditions of the service provider shall not apply unless GYG has expressly agreed to them in writing in individual cases. The unconditional acceptance of services by GYG does not constitute recognition of deviating terms and conditions. These terms and conditions shall also apply to all future orders and services of the service provider.
2 Terms of payment and prices
2.1 GYG shall pay 60% of the total amount up to 8 days before the date of arrival, unless otherwise agreed individually. The remaining amount is due for payment 14 days after departure of the travel group/customer and receipt of a proper final invoice, which in particular clearly lists the services provided. For series of more than 5 dates, a floating deposit can be agreed in the maximum amount of 50% of the average arrangement price of a group. This will be offset against the last travel date. Unless otherwise agreed, invoices are to be sent electronically to Buchhaltung@Touren-Service.de. Agreed prices are net fixed prices plus VAT including all local taxes and fees. Payment shall be made by bank transfer, unless otherwise agreed. GYG requires the bank details of the contractual partner, including IBAN and BIC code, as well as the VAT ID number. Each party shall bear its own bank charges.
2.2 Price increases/changes after submission of the offer are no longer possible. Price changes due to legal requirements must be communicated to GYG immediately after notification. Such price changes can only be accepted up to the booking status notification.
2.3 Unless otherwise expressly agreed in writing, prices include a full breakfast buffet per guest per day. Invoicing shall be made exclusively to GYG. The service provider is not entitled to accept payments from customers for services booked by GYG.
3 Contingent
Upon receipt of the reservation confirmation from the service provider by GYG, the service provider is obliged to keep the agreed contingent for the reserved group available at the contractually agreed time for service fulfillment. If the service provider culpably breaches this obligation, GYG may assert claims for damages against the service provider, including damages and costs which GYG must reimburse to its customers.
4 Withdrawal and rebooking
4.1 With regard to reserved services, GYG has a unilateral right of withdrawal vis-à-vis the service provider in accordance with the following provisions:
GYG may withdraw from the reservation up to 28 days before the date of arrival without incurring any claims. Up to 14 days before the start of the service period, GYG may cancel up to 50% of the reserved contingent without the service provider being able to assert payment or other claims for the portion of the contingent that has been canceled. Up to one day before arrival, 15% of the contingent can be returned free of charge, at least 2 rooms.
4.2 In addition, the service provider may assert the following claims with regard to canceled services in the event of full cancellation or partial cancellation in excess of 50% after the aforementioned dates:
Between the 27th and 15th day prior to the date of arrival: 30% of the canceled package price; from the 14th to the 7th day prior to the date of arrival: 50% of the canceled package price, from the 6th day prior to the date of arrival: 75% of the canceled package price. The claims of the service provider shall be reduced in each case by the expenses actually saved.
4.3 Meals: There shall be no charge for meals (if booked) for cancellations made more than 3 days prior to arrival.
5 List of participants
The Contractual Partner shall receive the list of participants from GYG approx. 14 days before arrival.
6 Group size / free space regulation
6.1 A group of 10 full-paying persons shall be deemed a "group" within the meaning of the agreements.
6.2 Unless otherwise agreed, the service provider shall grant one free place in a single room for every 18 full-paying persons, which GYG may allocate freely. The second free place shall be granted from 35 and the third free place from 60 full-paying persons in a double room.
7 Catering services
The prices for breakfast include a hot and cold breakfast buffet, for half board the prices are for a 3-course menu or buffet including bread and water. Meals are to be taken in the hotel restaurant if the hotel has a restaurant. Otherwise GYG must be informed. If the hotel does not offer a hot breakfast buffet as standard, GYG must be informed of this or the surcharge. If the hotel restaurant offers different meal services, this must be listed in the offer.
8 Other services
The conditions for child discounts, check-in/check-out times, luggage transportation and other extras must be provided to GYG immediately upon request.
9 Supplementary documents
9.1 The Contractual Partner shall receive voucher copies from GYG by email/download, which customers shall hand in to the Contractual Partner on site. The service provider may only invoice GYG for the services listed on the vouchers.
9.2 The vouchers submitted by GYG must be checked immediately by the service provider for accuracy. If the services agreed between GYG and the service provider deviate from this, the service provider shall inform GYG of this immediately. In this case, GYG and the service provider will either mutually redefine the services in accordance with the content of the voucher or GYG will send the service provider an adjusted voucher.
9.3 If the customer/guest makes use of additional services on site that are not included in the GYG vouchers, these shall be charged directly to the customer/guest. This shall also expressly apply to local taxes.
10 Liability / Compliance
10.1 The service provider shall be liable to GYG and its customers in accordance with the statutory provisions. Otherwise, the service provider shall indemnify GYG against all third-party claims made against GYG due to a breach of duty by the service provider.
10.2 The service provider shall ensure that all facilities of the hotel as well as the ancillary facilities fulfill the generally applicable public safety obligations at all times, in particular with regard to the safety of the guests; that its services comply with all relevant legal and official requirements and shall otherwise indemnify GYG against all claims of third parties which they assert against GYG due to a breach of duty on the part of the service provider.
10.3 Upon request, the service provider or its representative must provide GYG with proof of official approvals without delay. Complaints by the authorities responsible for monitoring and safety defects reported by GYG must be rectified immediately. GYG must be informed immediately of any such event.
11 Complaints
11.1 The basis for complaints is German travel law. In the event of complaints (mutual or from the customer), both parties shall attempt to find an amicable solution. GYG must be informed immediately by the service provider of all complaints and the measures taken to remedy them.
11.2 In the event of complaints occurring on site, the service provider undertakes to remedy the situation immediately on site and as quickly as possible. If this is not possible, a proper alternative service of higher or at least equal value must be provided.
11.3 In the event that GYG only becomes aware of a complaint after the guest's departure, GYG shall contact the service provider to clarify and find a solution by mutual agreement. The service provider is obliged to respond to such contact within 3 working days at the latest. If this is not the case or if the service provider refuses to participate in finding a solution, GYG is entitled to settle the complaint at its own discretion and to charge the costs to the service provider.
11.4 In the event of the following complaints, the contractual partners agree the following deductions or compensation upon conclusion of the contract:
Cleanliness: 5 - 10% of the daily rate for the rooms concerned
Food quality: upgrade of at least one subsequent meal, free drink or deduction of up to 100% of the affected meal depending on the defects
If individual rooms are booked out in relation to the total contingent, GYG reserves the right not to pay for these rooms.
Rebookings on the part of the contractual partner are only possible after consultation with GYG and require the guarantee of a higher quality, but at least equivalent service and the consent of the customer. GYG must be informed of any rebooking 4 - 5 weeks before the start of the trip.
11.5 Construction sites/renovation work: In order to avoid complaints, we expect the contractual partner to provide detailed information (exact description, working hours, duration of the work, distances, type and degree of impairment, photos if necessary) on construction sites in the hotel or the surrounding area that may affect the stay no later than 1 month before arrival. The information must be forwarded in writing to the known contact persons at GYG as soon as the measures become known.
12 Exceptional circumstances
12.1 If a party is affected by exceptional circumstances (e.g. war, strike or incidents that are similar in their effects to the aforementioned examples, civil unrest, epidemics/pandemics, sovereign changes, confiscation of accommodation, natural disasters, accidents, destruction of accommodation), it shall inform the other party immediately in writing of the event, providing a concrete explanation of the circumstances. It shall also keep the other party continuously informed of the situation for as long as the circumstances persist.
12.2 If the execution of the trip is made more difficult, endangered or impaired as a result of extraordinary circumstances (e.g. war, strike or incidents that are similar in their effects to the aforementioned examples, civil unrest, epidemics/pandemics, sovereign changes, confiscation of accommodation, natural disasters, accidents, destruction of accommodation), GYG may withdraw from the contract at any time before the date of arrival and during the trip without any claims being asserted. This also applies in connection with travel warnings or restrictions on freedom of travel by the respective governments of the contractual partners or if a health organization expressly warns against visiting the country / countries in which the services of the trip are provided. This shall also apply if the provision of services is not possible due to the region of origin of the traveling group.
13 Availability outside of opening hours
13.1 The Contractual Partner shall keep an emergency number available for GYG and for the contact persons of GYG customers on site. It shall ensure that this hotline is available 24 hours a day. GYG is entitled to pass on the emergency number to its customers. 13.2 For its part, GYG maintains a 24-hour service. Contact +49 172 38 35 159
14 Data protection
The parties shall comply with the rules of data protection. They shall ensure that their vicarious agents also comply with these provisions.
15 Customer protection
15.1 Insofar as the Contract Partner becomes aware of GYG's customers in the course of the business relationship, customer protection is agreed. For a maximum of 5 years after the conclusion of the respective contract, the Contract Partner undertakes not to enter into any business relationships in its own name or in the name of third parties with GYG's customers regarding comparable service content and not to actively advertise such to the customer. The passive right of the contractual partner to accept service requests from the customer is not restricted by this.
15.2 In the event of a breach of this customer protection, the contractual partner undertakes to pay a contractual penalty in the amount of the value of the services provided in circumvention of the customer protection. If this value cannot be quantified, GYG shall receive 10% of the contract amount as a commission.
16 Severability clause
The ineffectiveness of individual provisions of this agreement shall not result in the ineffectiveness of the entire agreement.